Ex parte CARY - Page 4




                 Appeal No. 2001-0401                                                                                     Page 4                        
                 Application No. 09/019,451                                                                                                             


                 (3) Claims 6, 7 and 9 as being unpatentable over Gonzalez in                                                                           
                 view of Bovenzi and Labrum.2                                                                                                           


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            
                 rejections, we make reference to the answer (Paper No. 15,                                                                             
                 mailed October 24, 2000) for the examiner's complete reasoning                                                                         
                 in support of the rejections, and to the brief (Paper No. 13,                                                                          
                 filed September 13, 2000) and reply brief (Paper No. 17, filed                                                                         
                 November 14, 2000) for the appellant's arguments thereagainst.                                                                         


                                                                     OPINION                                                                            
                          In reaching our decision in this appeal, we have given                                                                        
                 careful consideration to the appellant's specification and                                                                             
                 claims , to the applied prior art references, and to the3                                                                                                                           


                          2As noted above, the rejections of claims 11 and 28 were                                                                      
                 withdrawn by the examiner on page 6 of the answer.                                                                                     
                          3We note that the phrases "said first framework" in claim                                                                     
                 11 and "the first container" in claim 24 lack proper                                                                                   
                 antecedent basis.  In addition, "a plurality of brackets                                                                               
                 mounted to said first storage compartment for receivably                                                                               
                 holding a level" as recited in claim 7 is not shown in the                                                                             
                 drawings as required by 37 CFR § 1.83 (Figure 12 shows only a                                                                          
                                                                                                            (continued...)                              







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